United States v. Bowe

Opinion

UNPUBLISHED

UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

No. 09-7632

UNITED STATES OF AMERICA,

Plaintiff - Appellee,

v.

SPENCER BOWENS, a/k/a Scooter, a/k/a Clyde, a/k/a Melvin McCurdy, a/k/a Doc Johnson,

Defendant - Appellant.

Appeal from the United States District Court for the Eastern District of Virginia, at Richmond. Robert E. Payne, Senior District Judge. (3:98-cr-00110-REP)

Submitted: March 15, 2010 Decided: March 30, 2010

Before MICHAEL and DUNCAN, Circuit Judges, and HAMILTON, Senior Circuit Judge.

Affirmed by unpublished per curiam opinion.

Spencer Bowens, Appellant Pro Se. David Novak, OFFICE OF THE UNITED STATES ATTORNEY, Richmond, Virginia, for Appellee

Unpublished opinions are not binding precedent in this circuit. PER CURIAM:

Spencer Bowens appeals the district court’s order

denying his motion to correct a clerical error pursuant to Fed.

R. Crim. P. 36. We have reviewed the record and find no

reversible error. Accordingly, although we grant Bowens’s

motion for leave to proceed in forma pauperis, we affirm for the

reasons stated by the district court. United States v. Bowens,

No. 3:98-cr-00110-REP (E.D. Va. Aug. 6, 2009); see United

States v. Johnson, 571 F.3d 716, 717-18 (7th Cir. 2009) (finding

that court did not have authority to correct calculation error

in the presentence report pursuant to Rule 36). We dispense

with oral argument because the facts and legal contentions are

adequately presented in the materials before the court and

argument would not aid the decisional process.

AFFIRMED